Quote:
Originally Posted by biker1
I assume you have never lived in a deed restricted community. Selective enforcement refers to when the enforcement arm of the deed restrictions does not apply the deed restrictions uniformly and can be the legal basis for a homeowner not having to comply with a violation that others have not been previously forced to comply with. Reporting of infractions, and this is important, can be from a complaint driven system or can be monitored by the enforcement arm itself. In The Villages, it is complaint driven and I believe this effectively removes any possibility of selective enforcement (as long as the complaints are investigated and violations are uniformly dealt with). Otherwise, it would take a large organization to continually monitor The Villages' homes for any and all infractions and anything they miss could be the basis for a legal claim of selective enforcement. In The Villages, I have never heard of a claim of selective enforcement.
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I lived in a condo complex with an HOA, and we had deed restrictions.
If you want it to be up to the complainer to complain, then it is the responsibility of the Community Standards to MAKE that complaint, if they see a violation while they're in the process of investigating another violation.
If I am a Community Standards officer, visiting 1313 Mockingbird Lane for violation of the grey peeling paint on their front door, and I see a plastic pink flamingo on the front lawn of their neighbor when I park my golf cart in front of the neighbor's house, then it is my responsibility to point out to the guy at 1311 Mockingbird Land that he needs to get rid of his pink flamingo.
If I CHOOSE not to complain about what is right in front of me, then I am selectively enforcing the rules.